LAWS(SC)-1979-1-29

JASODHAR MISRA Vs. STATE OF BIHAR

Decided On January 11, 1979
JASODHAR MISRA Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) The appellant was appointed as a Kanungo in 1947 and was confirmed in that post in 1947. In June, 1952 while he was working in Supaul sub-division he was placed under suspension on the basis of certain allegations of corruption made against him by one Abdul Aziz. The appellant and one Baldeo Prasad who was working as a khas Mahal Tahsildar were prosecuted in special case No. 9 of 1954 but by his judgment dated February 17, 1955, the learned Special Judge, Bhagalpur, acquitted them on the ground that the charges of corruption were not established on the evidence led in the case.

(2.) In September 1956 a departmental proceeding was instituted against the appellant under the orders passed by the Commissioner of Bhagalpur on three different charges. The first charge related to the making of certain interpolations and mutilations of certain entries in official documents. The second charge with which we are principally concerned in this appeal reads thus:

(3.) The Commissioner directed the District Magistrate, Saharsa to hold a departmental enquiry and submit the report. The District Magistrate, however, forwarded the papers to the Addl. District Magistrate for holding the departmental enquiry. Several documents were produced and several witnesses were examined before the Additional District Magistrate who by his report dated May, 25, 1961 held that the appellant was entitled to benefit of doubt in respect of charge No. 1, that charge No. 3 was not proved but that charge No. 2 was fully proved. The Addl. District Magistrate recommended that the petitioner may be let off with an order of censure since it did not appear that his action was mala fide.